Driving is not a right. According to the United States Supreme Court, driving is a privilege. When a person’s license is suspended, more than driving privileges can be lost, as the inability to drive can have an effect on an individual’s ability to work, receive health-related attention, have the ability to the supermarket, or travel to other needed places. Having your drivers license suspended in Indiana can mean some very serious hardships, and because of that, the state began implementing Indiana specialized driving privileges . These privileges allow some individuals with suspended licenses to drive for certain reasons and under specific conditions. If you are looking for an Indianapolis criminal defense lawyer to help you achieve a hardship drivers license, call The Law Office of Indianapolis Criminal Defense Lawyer Jesse K. Sanchez at 317-721-9858 today.
What is the Indiana Hardship License Statute
The State of Indiana began implementing specialized driving privileges in January 2015. The Indiana Hardship License Statute is a the Indiana law that eliminated the initial Indiana hardship license statute and replaced the law a term called “Specialized Driving Privileges.” Indiana Specialized Driving Privileges are available to a wider array of individuals that may need a hardship. This means that you may still be able to obtain driver’s license even if your license has been suspended for:
- Being a habitual traffic violator
- Not having insurance
- A criminal conviction involving a vehicle
As you can see the Indiana Hardship License Statute is now more liberal in how the state approaches individuals who have been unable to drive due to a drivers license suspension. Indiana Specialized Driving Privileges for the time being are here to stay. If you’ve lost your license, there is a chance for you to be on the road again. With restrictions of course and that is a much better decision than driving with a suspended license.
What’s the Purpose of Specialized Driving Privileges
The purpose of a specialized drivers privileges or a hardship license in Indiana is to allow individuals the ability to avoid losing their job while continuing to fulfill their personal obligations that require driving. To get an Indiana hardship drivers license, motorists will be required to prove to the court or the Indiana BMV that they need to drive to:
- Maintain employment
- Get to school (or get kids to school)
- Attend alcohol or drug treatment
- Obtain emergency medical care
What Conditions Prevent You From Obtaining a Hardship Drivers License (Specialized Driving Privileges)
While many people can obtain specialized driving privileges in Indiana, there is a group of circumstances that prevent a person from obtaining a hardship drivers license. The conditions that prevent you from obtaining specialized driving privileges are:
- Not available if you have never been an Indiana resident,
- Not available if you refused to submit to a chemical test offered under I.C. 9-30-6 or I.C. 9-
- Not available if a sentence resulted from operation of a motor vehicle causing death or
- Not available if you have previously been granted specialized driving privileges and have more than one (1) conviction for knowingly or intentionally violating a condition imposed regarding issuance of a specialized driving privilege under IC 9-30-16-5. See I.C. 9-30-16-1(a), 2(c) and 3(e). or
- Not available if your license was suspended or revoked by the Bureau of Motor Vehicles as
incompetent or unfit to operate a motor vehicle
- Not available to use to operate a commercial vehicle
An Indiana hardship drivers license does not reinstate all suspended driving privileges. Indiana Senate Bill 98 comes with a number of conditions that specify when and where you are able to drive with a specialized driving privileges license.
How Do You Qualify for Indiana Specialized Driving Privileges
In order to qualify for specialized driving privileges, you have the legal ability to petition to get your driving privileges reinstated with the assistance of an Indiana specialized privileges attorney. The are several areas that the petition must include the following:
- The petition must be signed by the suspended driver
- The petition must state your age, date of birth, and address
- The petition must state the grounds for relief and the relief sought
- The petition must be filed in the county in which you live
- The petition must be filed in a circuit or superior court
- The petition must be served to the Indiana BMV and the prosecuting attorney
How Do You Obtain Specialized Driving Privileges?
If you have driving privileges that have been suspended by an Indiana court or the Indiana Bureau of Motor Vehicles, you may petition for an Indiana Specialized Driving Privileges waiver. Before you make your petition, go to the myBMV.gov website and access your driving record to verify what items are required before filing. When you view your driving records you will be able to determine if:
- You owe reinstatement fees to the BMV. Generally speaking, you will owe some sort of license reinstatement fee. However, if you are otherwise meet all of the eligibility requirements for SDP, you can ask the court to waive any of your BMV reinstatement fees that you may owe. Currently, Indiana BMV license reinstatement fees are between $150.00 to $300.00. Based on the county you live in, you may have to file the request with a different court than where you file your SDP petition and you may have to show proof of SR50 insurance coverage (state-required minimum liability amount) when you file for waiver of BMV reinstatement fees.
- You owe any unpaid traffic tickets or fines. Because courts often will not waive traffic tickets or fines, pay for those unpaid tickets and fines before filing for SDP.
- You have to buy and show proof of SR22 insurance coverage, with the liability amount of $100,000/$300,000/ $50,000, for an advanced period of six (6) months.
What is the Cost of an Attorney to Get Specialized Driving Privileges – Indiana?
If you are in the State of Indiana and would like to obtain specialized driving privileges and would like to hire an Indiana Specialized Driving Privileges attorney to obtain specialized driving privileges, you are probably wondering the cost. The cost of an attorney to get specialized driving privileges in Indiana is anywhere in between $500.00 to $1,500.00 based on the your past driving history.
Indiana Specialized Driving Privileges Form
In addition to a hearing to obtain an Indiana hardship drivers license (specialized driving privileges) is that an Indiana Specialized Driving Privileges Form must be completed in full. Here is a copy of the Indiana Specialized Driving Privileges Form right here.
Hire a Specialized Driving Privileges Lawyer